Article Database Right Designs IP 
The IPKat
MARCH 6, 2022
It's time for a weekly review of posts from the surrounding IP blogs over the past week! This article provides an overview of the current trends in the U.S. Marks IP has reported on the background to the dispute and the JPO's decision on the invalidity action. The IPKat has reported on a few of them below.
The IPKat
JANUARY 30, 2022
Here they are in case you missed them: TRADE MARKS Katfriend Marijus Dingilevskis posted on a recent decision of the Lithuanian Supreme Court, which states that even if a trade mark has been registered in the international register for 40 years, this is no guarantee that a subsequent national designation will be also registered.
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Kluwer Copyright Blog
JUNE 28, 2022
The Data Act Proposal explicitly addresses the relationship between the new right to access and share IoT data and the sui generis database right provided for in Article 7 of Directive 96/9/EC. Key coordination issues. The Institute explains in detail how this provision should be interpreted and how it could be improved.
Kluwer Copyright Blog
JANUARY 9, 2023
Article 17 survives, but freedom of expression safeguards are key: C-401/19 – Poland v Parliament and Council by João Pedro Quintais. [T]he This post provides a refresher on the contents of Article 17, followed by a brief highlight of the main takeaways to kick-off the discussion. A vanishing right? Part II is available here.
Kluwer Copyright Blog
AUGUST 18, 2021
The consultation document restates the fundamental right to intellectual property as the fundamental principle of ‘protection of the intellectual creations of individuals in the online space’ but is otherwise silent on IP. Stage I: to the Open data directive. 1(6) Open data directive).
Kluwer Copyright Blog
JULY 7, 2022
Polish challenge of Article 17 CDSM, C-401/19. On 26 April 2022, the CJEU finally derlivered its judgment, the main focus of which was the Polish challenge of Article 17 of the CDSM Directive. The CJEU upheld the provision, subject to its interpretation in light of fundamental rights. You can read the previous round-ups here.
Kluwer Copyright Blog
JUNE 29, 2023
The AG is of the opinion that such national legislation is precluded by EU law and in particular by Article 3(2) of Directive 2000/31 , as well as Article 16(1) and 2(d) of Directive 2006/123. According to the AG, it follows from Article 297 TFEU that EU law is, in principle, not capable of benefiting from copyright protection.
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